The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-05-15

aid Board OF Public Works, and shall
inter such bids. with the names of the
bidders, in book to kept for that
,urposa, which book shall at all times |
Do opfn 10 the inspection OF the tax |
payers, aud every bid .hsll remain az
east one week open for canvass and
iiecussion. after the Oper ing, before
any contract shall be awarded uoon it;
and after that time the award shall be
made, il at al, to the lowest
bidde', who shall in
al cases be required to give
ample bond aud secuuty for its per-
Torrance, the bond and security to be-
by the Supervisors of Pub
lie Works and Fire aud Police Com
who sign the cont act. But
no cont act shall be made which does
not r. ceive the assent Of at least two
CT said Police ard Fire Commission
ere, and at least four of the members
Of said beard, aud all contracts of every
description ehsll be in writing and
shall BE- signed by all the commission
ere sseenting thereto, and approved in
writing by al the members Of the
board sssentipg thereto, and shall be
sigu ed as well by the o;her contract
log party, and shall be recorded in
full in we'll bound book, open to the
inspection of taxpayers at all times.
The Fire and Police Commissioners
shall in every case involving an ex-
penditure of over $lC0, before adver-
Using for proposals submit to the said
AA.I skaNnnannk in Ritinn NTH
estimate of the cost of the proposed
work to be done, material to be fur
nished, or service to be rendered, and
unless the same receive the written
sanction OF at lea four members OF
said board, it shall not be advertised
nor undertaken said written sanction
10 be Endorsed on the statement and
estimate made by ssid commissioners.
Ar d to be kept on file in their off ces."
The said D. P. Haddeo, on the day
and year aforesaid, and 10 the county
aforesaid, being then and there a mem
Der of said Board OF Fire and Police
Commissioners Of the said Taxing Dis
trict of Shelby county, and the presi-
dent of a'd b ard, aud the executive
officer of laid municipality, did, on
the day and year sfoi e said, unlawful
ly, willingly and wingly, make
and enter into contract with one M.
LFrkin, on behalf Of said Taxing Dis
Dict, which involved an expenditure
OF more than 500, and involved an
exp snditure OF $4,000 for stone to he
turaish d for the paving OF Ger ain
stree is in the Taxing ID strict sfore'
spid, which said contract was made
and entered into by said d. P. Had.
den, as such officer, without submit
ting to the Bard OF Public Works, a
statement in writing Of tbs estimated
coet of the said materials to be fur
nished, and without the written sane
ton and az eat of at least four n n
bers of said board, that the same
might be advertised and undertaken
as is required by lsw-nor was any
such eslmate 30 submitted to said
board, and the said Board of FIRE and
Polio, Comm ssiouers did not
b foe said contract was entered into
advertise for proposals for the stone tc
be furnished and receive bids therefor
as required by law; nor did they
award said contract to the lowest re
sponsibe bid er, IS required by law
nor did the contract aforesaid receive
the assent OF at least two OF eaid ti''
aad police commissioners, snd OF al
least four Of said members OF the
Board of Public Works, as required bl
law; nor was said contract in writing
and signed by all the said commits
sioners asserting thereto, a'd ap
proved, in writing, by all the mem
bers of Board of Pdolic Works assent
ing thereto; nor was it signed by tn
the other contracting party aud re
corded in we'll bound book, open t
the inspection OF taxpayers at al
times, sB was expressly required b.
law. ..
And the grand urors aforesaid d
further STATE and present that the sal
D. p. Hadden, as president OF tn
Bard OF Fire ald Police Commits
soners, aud as the executive off Ger l
said Taxing D strict, did himself NJ
lawfully assume the right and author
ity 10 make aud enter into the cor
tact with NJ. Lsrkin, as sforeFaid, fc
and in behalf Of said Taxing District
without advtrtis ng the same al
without receiving bids therefor an
without awarding said contract to tn
lowest responsible bidder, and witt
out having the assent in writing OF
r least two Of the said Fire and Polio
, Commissioners and OF at least four
| the eaid members of the Board
Public Works, and he did make an
enter into said contract on behalf
} the said Taxing District and the sal
1 Board of Fire and Police Commission
3 ers and the said Board of Publ
D Works did not make said contract ss r
3 quired by law, and in pursuance OF ga
contract a large amount OF at me We
Q delivered by said Lsrkin to eaid Tai
/ ing District, the quality and Walt
a thereof being unknown to the graz
b Jurors aforesaid, and the said Taxir
J. District has paid out large amoul
9 ofmoney on account of said contIac
/. and the said D. P. MADDEN, in disr
j. gard of his duty as municipal otfic
"a as aforesaid, has wholly ana wiltul
9 and unlawfully neg ected and refus!
Q to execute, obey or comply with &
q requirements Of the law relating
}. contract Of the said Taxing District
a aforesaid, and did unlawfupy eDt
into the said contract with said Lark
T. for the said Taxing District, in disl
"a gard of his duties and in violation
!. law and without the assent Of t
i. Board OF the Fire and Police Com "a
.e sioners and of the Board OF Pub
Works, as required by the charter
A. said Taxing District, and thereby
(. has been guilty of malieasauce a
If nonfeas4nce in Office.
ID The witnesses on whose testl mo
the bill, was found were Niles Me
>. wether, M. Lsrkin, II. A. Montgo
a. cry, Thomas Graham, ]. E. Randle,
Al L. Pollen, James Lee, ir., Jan
Ii Foaarty, W. E. Smith and K.
B.ttis.
C0utracttng with Taxing eislr
aad Building stable, Shed' III
on His Lots.
The grand Jurors present thai ]
vid P. Hadden, on the LIST day OF u
h1SS6, was the owner OF certain l9ts
n ground in the Taxing District OF 81
'tAa nNxnar nj ~ liOtt n